Case details

Plaintiffs claimed broadside crash caused spinal injuries





Result type

Not present

back, neck
On June 15, 2011, plaintiff Richard Lira, 51, a fundraiser, was driving on eastbound E. Shields Avenue, in Fresno, accompanied by his wife, plaintiff Roxana Lira, 46, a homemaker. At approximately 11:30 a.m., while crossing the intersection with N. Palm Avenue, the Lira vehicle was broadsided by a vehicle operated by Terry O’Rourke, who was traveling on southbound N. Palm Avenue. Mr. and Mrs. Lira both claimed neck and back from the collision. The Liras sued O’Rourke, alleging the defendant was negligent in the operation of his vehicle. Plaintiffs’ counsel contended that the Liras proceeded through a green light at the subject intersection and that O’Rourke ran a red light, causing the broadside collision. Counsel presented eyewitness deposition testimony from the Liras’ daughter and her friend, who were traveling in a car a few vehicles in front of them at the subject intersection. The Liras’ daughter and her friend claimed that they entered the intersection on a green light and that the light did not change colors when the Liras’ vehicle crossed the intersection behind them. O’Rourke claimed that he entered the subject intersection on a green and that it was the Lira vehicle that ran a red light and caused the broadside collision., On the day of the accident, Mr. and Mrs. Lira both presented to an urgent care center with complaints of neck and back pain. They subsequently followed up with a chiropractor and both underwent roughly two to three months of treatment for their soft-tissue strains and sprains. Mr. Lira claimed he suffers residual upper back and neck pain, as he took the brunt of the impact that occurred on the driver side of his vehicle. He claimed his condition has hindered certain physical activities and hobbies. Thus, he sought recovery of $3,360 in past medical costs and recovery of general damages for his pain and suffering. Mrs. Lira sought recovery of $2,577.60 in past medical costs and recovery of general damages for her pain and suffering. Defense counsel did not seriously dispute and the nature and extent of the Liras’ alleged and damages.
Superior Court of Fresno County, Fresno, CA

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